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| |
| | |
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| (c) | a joint overview and scrutiny committee within the |
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| meaning given in subsection (2)(a) of section 185 of |
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| the National Health Service (Wales) Act 2006 |
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| appointed by the authority concerned and one or |
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| more other local authorities, |
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| (d) | an overview and scrutiny committee of another local |
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| authority exercising relevant functions (within the |
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| meaning given in subsection (1) of that section) of |
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| the authority concerned by virtue of arrangements |
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| made under regulations under subsection (2)(b) of |
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| |
| (e) | a joint overview and scrutiny committee within the |
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| meaning of section 125 of the Local Government and |
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| Public Involvement in Health Act 2007 (joint |
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| overview and scrutiny committees: local |
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| improvement targets) appointed by a group of |
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| partner authorities (within the meaning of that |
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| section) which includes the authority concerned.”;” |
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149 | Page 106, line 1, leave out “inspector” and insert “auditor” |
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150 | Page 120, line 40, at end insert— |
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| “(1ZA) | A Local Commissioner may include in a report on a matter under |
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| subsection (1) any recommendations that he could include in a |
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| further report on the matter by virtue of section 31(2A) to (2BA).” |
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151 | Page 121, line 21, at end insert— |
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| “( ) | Before subsection (3) insert— |
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| “(2B) | Subsections (3) to (8) apply in the case of a report under subsection |
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| |
152 | Page 121, line 23, leave out paragraph (a) |
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153 | Page 121, line 27, leave out subsections (6) and (7) |
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154 | Page 122, line 27, after “of” insert “all or part of” |
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155 | Page 122, line 35, after “of” insert “all or part of” |
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156 | Page 122, line 38, leave out “a summary mentioned in subsection (1)(d) of this |
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| |
| (a) | any part of a statement under section 30, and |
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| (b) | any part of a summary of a matter, |
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| | that is published, or a copy of which is supplied, under this section” |
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157 | Page 122, line 39, leave out “or statement” |
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158 | Page 122, line 40, leave out “that section” and insert “section 30” |
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| |
| | |
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159 | Page 124, leave out lines 21 to 23 and insert— |
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| ““(2A) | An order under subsection (1) must provide as respects each |
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| |
| (a) | that it applies to a person only when acting in an official |
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| |
| (b) | that it applies to a person only when not acting in an official |
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| |
| | but the order may provide as mentioned in paragraph (b) only as |
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| respects a principle within subsection (2B). |
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| (2B) | A principle is within this subsection if it prohibits particular |
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| conduct (or conduct of a particular description) where that conduct |
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| would constitute a criminal offence. |
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| (2C) | An order under subsection (1) may define, for the purposes of the |
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| |
| |
| |
| (2D) | An order under subsection (2)— |
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| (a) | may specify principles which are to apply to a person at all |
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| |
| (b) | may specify principles which are to apply to a person |
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| otherwise than at all times.”” |
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160 | Page 124, leave out lines 25 to 27 and insert— |
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| ““(4A) | A model code of conduct issued under subsection (1) must provide, |
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| as respects each provision of the code which relates to the conduct |
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| expected of the persons mentioned in that subsection— |
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| (a) | that the provision applies to a person only when acting in an |
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| |
| (b) | that it applies to a person only when not acting in an official |
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| |
| | but the code may provide as mentioned in paragraph (b) only as |
|
| respects a provision within subsection (4B). |
|
| (4B) | A provision is within this subsection if it prohibits particular |
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| conduct (or conduct of a particular description) where that conduct |
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| would constitute a criminal offence. |
|
| (4C) | A model code of conduct issued under subsection (1) may define |
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| for the purposes of the code— |
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| |
| |
| (4D) | Provision included under subsection (4A) or (4C) in a model code |
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| |
| (a) | must be consistent with the provision for the time being |
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| included in an order under section 49(1) by virtue of section |
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| |
| (b) | is to be mandatory except to the extent that it relates to an |
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| |
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|
| |
| | |
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| (c) | to the extent that it relates to an optional provision, is to be |
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| mandatory where that optional provision is incorporated in |
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| a code of conduct under section 51. |
|
| (4E) | A model code of conduct issued under subsection (2) may |
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| |
| (a) | provisions which are to apply to a person at all times; |
|
| (b) | provisions which are to apply to a person otherwise than at |
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| |
161 | Page 124, leave out lines 30 to 32 and insert— |
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| ““(4A) | Where under subsection (4)(c) a provision relating to the conduct |
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| expected of persons is included in the code of a relevant authority |
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| in England or police authority in Wales, the code must provide— |
|
| (a) | that the provision applies to a person only when acting in an |
|
| official capacity (within the meaning given by the code); or |
|
| (b) | that it applies to a person only when not acting in an official |
|
| capacity (within that meaning); |
|
| | but the code may provide as mentioned in paragraph (b) only as |
|
| respects a provision within subsection (4B). |
|
| (4B) | A provision of a code is within this subsection if it prohibits |
|
| particular conduct (or conduct of a particular description) where |
|
| that conduct would constitute a criminal offence within the |
|
| |
| (4C) | The provisions which may be included under subsection (4)(c) by a |
|
| relevant authority in Wales other than a police authority include— |
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| (a) | provisions which are to apply to a person at all times; |
|
| (b) | provisions which are to apply to a person otherwise than at |
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| |
162 | Page 125, line 10, leave out “49 or 50” and insert “49(2) or 50(2)” |
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163 | Page 125, line 12, at end insert “in Wales other than a police authority” |
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|
164 | Page 133, line 38, at end insert— |
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| “(5) | In section 105(6) of that Act (instruments subject to affirmative procedure) |
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| after “49” insert “, 63(1)(j)”.” |
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|
165 | Page 146, line 41, leave out subsections (1) to (6) |
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166 | Page 147, line 47, at end insert— |
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| “( ) | Schedule (Consequential amendments relating to joint waste authorities) (other |
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| consequential amendments) has effect.” |
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|
167 | Page 149, line 1, leave out subsection (6) |
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|
|
| |
| | |
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|
168 | Page 149, line 45, leave out subsection (4) |
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|
169 | Page 150, line 45, at end insert— |
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| “(5A) | Where an order under section 213— |
|
| (a) | makes provision in relation to entities of a particular description, or |
|
| (b) | makes provision in relation to the trustees of trusts of a particular |
|
| |
| | it may provide for any expression used in identifying that description of |
|
| entity or trust to have the meaning for the time being given by a relevant |
|
| document identified by the order. |
|
| (5B) | In subsection (5A) “relevant document”— |
|
| (a) | means a document that (at the time the power under subsection |
|
| (5A) is exercised) is a document identified for the purposes of |
|
| section 21(2)(b) of the Local Government Act 2003 by regulations |
|
| made under that provision; and |
|
| (b) | includes a document so identified by virtue of section 21(5) of that |
|
| Act (documents not yet existing).” |
|
170 | Page 151, leave out line 6 |
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171 | Page 151, line 8, at end insert— |
|
| “and references to a trust connected with a local authority have the same meaning |
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| |
|
172 | Page 151, line 38, leave out from “by” to end of line 40 and insert “a relevant |
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| document identified by such provision. |
|
| (5) | In subsection (4) “relevant document”— |
|
| (a) | means a document that (at the time the power under subsection (4) |
|
| is exercised) is a document identified for the purposes of section |
|
| 21(2)(b) of the Local Government Act 2003 by regulations made |
|
| under that provision; and |
|
| (b) | includes a document so identified by virtue of section 21(5) of that |
|
| Act (documents not yet existing).” |
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|
173 | Page 152, line 37, leave out from “by” to end of line 39 and insert “a relevant |
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| document identified by the order. |
|
| (4) | In subsection (3) “relevant document”— |
|
| (a) | means a document that (at the time the power under subsection (3) |
|
| is exercised) is a document identified for the purposes of section |
|
| 21(2)(b) of the Local Government Act 2003 by regulations made |
|
| under that provision; and |
|
| (b) | includes a document so identified by virtue of section 21(5) of that |
|
| Act (documents not yet existing).” |
|
|